From Right to Counsel in Eviction to Civil Justice for All

In less than three years, Washington state's landmark “Right to Counsel” (RTC) legislation guaranteeing legal representation for low-income tenants facing eviction has demonstrated a powerful truth: when people with low income receive legal counsel, the balance of power in our civil justice system shifts.

Northwest Justice Project (NJP), one of Washington's largest providers of RTC for eviction, puts justice in action as it helps people across the state stay housed and find fair resolutions.

Since RTC was enacted, just 15% of cases with court-appointed lawyers have resulted in eviction orders. These results are especially significant for Washington's most vulnerable residents—between 2021 and May 2024, 45% of eviction cases involved people of color and 39% involved people with disabilities.

Legal representation by NJP attorneys level the playing field in eviction proceedings. It preserves tenancies, reduces tenant’s financial burden, and prevents homelessness. Case examples:

  • NJP defended a disabled tenant with a 20-year tenancy who faced eviction after the landlord illegally refused to accept rental assistance. The tenant kept their home and the landlord’s claim on back rent was dismissed.
  • A farmworker behind on their rent obtained a payment plan, allowing them to remain living in their home of 17 years.
  • When hazardous living conditions went unaddressed, a tenant withheld rent, then faced eviction. NJP successfully defended her, and secured compensation for sewage-damaged property.

Furthermore, when people facing eviction connect with NJP, attorneys often uncover other legal issues—from domestic violence to benefit denials to workplace injustice. As a full-service civil legal aid organization, NJP addresses these challenges, providing holistic support for people in crisis.

The Bigger Impact of Right to Counsel

RTC attorneys must often pursue a single case over months and sometimes years. Such persistence pays off for NJP clients and drives changes in the justice system:

  • Eviction hearings are evolving from privileging property rights toward centering human dignity and justice
  • Strategic appeals of unfair decisions are establishing precedents that benefit all tenants
  • NJP's statewide presence has enabled consistent, high-quality legal practice across 37 of Washington’s 39 counties

Advancing the promise of equal justice

Washington's RTC success is part of a nationwide movement to guarantee legal representation not only in eviction cases, but across all civil legal matters, including those that impact a person’s housing, safety, access to healthcare and economic security. Unlike in criminal proceedings that have a legal right to counsel, low-income people involved in civil cases rarely have an attorney by their side.

The momentum to change this is growing. According to the National Coalition for a Civil Right to Counsel 1 , 17 cities, 2 counties and 5 states have now enacted versions of RTC in eviction. Additionally, some state courts have recognized rights to counsel under state constitutions for other civil matters including termination of parental rights, abuse/neglect, paternity, civil commitment, civil contempt, and child custody proceedings.

Now, Washington's Right to Counsel program has also shown how legal representation can transform lives. When a person with low income has an attorney by their side, they keep their homes and secure their rights. The evidence is clear: providing attorneys to people facing eviction works, lighting the way toward equal
justice for all.

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